• January 18, 2018

    CSX Insists Entire Mass. Sick Time Law Preempted

    Railroad giant CSX Transportation Inc. asked a Massachusetts federal judge Thursday to conclude that the state’s entire earned sick time law is preempted by the federal Railroad Unemployment Insurance Act and cannot be enforced against railroads, arguing for the expansion of a previous circuit court ruling.

  • January 18, 2018

    2 State-Level Developments Employers Might Have Missed

    Two key employment developments took place recently, with Pennsylvania’s governor proposing on Wednesday a sweeping expansion of overtime coverage for salaried workers while Maryland became the latest state to adopt a paid sick leave program.

  • January 18, 2018

    C&J Energy Services Sues Ex-Managers Over Competing Co.

    C&J Energy Services, a company that specializes in drilling, completing and servicing wells, filed a lawsuit in state district court in Houston Tuesday against three former employees and a new company those employees launched, alleging the trio has poached engineers and customers in violation of noncompete agreements.

  • January 18, 2018

    Senate Committee Again Clears Top DOL Nominees

    For the second time in recent months, a Senate panel on Thursday approved a slew of nominations to various key labor department positions within President Donald Trump’s administration, individuals whom Trump had to renominate after the full Senate failed to vote on their confirmation last year.

  • January 18, 2018

    Insurer Must Cover Employee Class Action, 9th Circ. Says

    The Ninth Circuit ruled Wednesday that an insurer must defend an insurance brokerage policyholder against employment-related claims because the underlying suit included discrimination allegations potentially covered by the policy, however minor or tangential those claims might be.

  • January 17, 2018

    Justices Ask Whether Repair Advisers Offer Auto 'Service'

    U.S. Supreme Court justices on Wednesday homed in on whether auto dealer employees who advise customers about repair work actually are engaged in "servicing" cars and therefore are exempt from overtime pay requirements under the Fair Labor Standards Act.

  • January 17, 2018

    NJ High Court Probes Meeting Notice Rule In Prof's Firing

    The New Jersey Supreme Court on Wednesday challenged Kean University's bid to overturn a state appellate ruling requiring public bodies to notify employees in advance of meetings where a personnel decision might occur, with one justice questioning a university lawyer about why sending out such notices is a “big deal.”

  • January 17, 2018

    Texas Court Orders Unsealing Of Settlements In Fire Suit

    A Texas state appellate court has ruled that a man injured in a factory fire must turn over the settlement agreements he reached with some of the parties he sued, although the judges were divided on the reasons for the order.

  • January 17, 2018

    DOJ Trying To 'Eviscerate' Escobar, UnitedHealth Says

    The U.S. Department of Justice is seeking to “eviscerate” the U.S. Supreme Court’s monumental Escobar decision by arguing that the government doesn’t have to deny reimbursement to show that regulatory violations are serious, UnitedHealth Group Inc. said Tuesday.

  • January 17, 2018

    Former Grad School President Agrees To Charity Board Ban

    The Massachusetts Attorney General’s Office announced Tuesday that the former president of a small graduate school near Cape Cod has been permanently barred from serving on state nonprofit boards as part of a settlement resolving allegations he collected an excessive salary and benefits.

  • January 17, 2018

    Del. Justices Grapple With Tolling Query In Pesticide Case

    Delaware’s Supreme Court justices grappled Wednesday with a Third Circuit request to clarify statute of limitations "tolling" calculations in a banana plantation worker class challenge to the dismissal of a pesticide exposure suit, but spent much of the hearing trying to untangle years of national and foreign litigation.

  • January 17, 2018

    US Bank Workers Can’t Get Class Cert. After Using Bad Data

    A California appeals court on Wednesday affirmed a lower court ruling denying class certification in a long-running suit alleging that US Bank NA misclassified a group of banking officers as overtime-exempt outside salespeople, agreeing that the workers’ claims rest on unreliable data.

  • January 17, 2018

    How A Supreme Court Labor Case Could Reshape The Bar

    Predictions that the Supreme Court will strike down a decades-old labor law precedent have led some to ask: Is America’s most common bar association structure built on a legal house of cards?

  • January 17, 2018

    Scarinci Hollenbeck Nabs Cybersecurity, Employment Vet

    Scarinci Hollenbeck LLC added a former Eaton & Van Winkle LLP partner on Wednesday who brings years of experience working across a variety of practice areas, including cybersecurity and privacy, employment and securities.

  • January 17, 2018

    BIA Head Says Tribal Jobs Bill Means Well, Needs Changes

    A House subcommittee heard largely supportive testimony on Wednesday about a bipartisan bill aimed at enhancing the economic development of native communities, including from the head of the Bureau of Indian Affairs, who voiced support for the “underlying goals” of the bill but said it could be improved.

  • January 17, 2018

    Attys In $241M Walmart OT Case Say Their Cut Is Too Small

    An attorney who helped win a $241 million wage-and-hour class action against Walmart told a Pennsylvania appeals court during oral arguments Wednesday that he and his co-counsel had received too small a cut of the award as compensation for their work.

  • January 17, 2018

    Todd & Weld Picks Up Four Partners From Collora

    Boston-based litigation boutique Todd & Weld LLP announced Wednesday it has added four trial partners with expertise in areas ranging from employment law to white collar defense to government investigations from Collora LLP, which was recently acquired by Hogan Lovells.

  • January 17, 2018

    DOT To Face More Data Fights After Safety-Record Ruling

    The D.C. Circuit’s finding that the U.S. Department of Transportation can be sued for mishandling safety citation records that potentially hurt truck drivers’ job prospects may expose the agency to fresh litigation and force it to better manage its information systems, experts say.

  • January 17, 2018

    Flint Urges 6th Circ. Not To Revive Whistleblower Suit

    The city of Flint, Michigan, and its mayor on Wednesday urged the Sixth Circuit not to revive a former city administrator’s lawsuit alleging she was fired for seeking an investigation into claims the mayor directed donations meant for water contamination victims into a campaign fund.

  • January 17, 2018

    Employment Group Of The Year: Seyfarth Shaw

    Seyfarth Shaw’s employment lawyers worked on three cases involving the U.S. Supreme Court while defeating two major lawsuits brought by the U.S. Equal Employment Opportunity Commission, securing the firm its seventh consecutive spot among Law360's Employment Practice Groups of the Year.

Expert Analysis

  • Practitioner's Guide To Statistical Sampling: Part 4

    Brian Kriegler

    Brian Kriegler of Econ One Research concludes his series on statistical sampling by addressing several common misperceptions about random sampling requirements.

  • What To Know About NY's New Paid Family Leave Law: Part 2

    Tony Dulgerian

    In their final article discussing New York's new paid family leave law, attorneys with Nixon Peabody LLP address common employer questions regarding the definition of "wages," how the law interacts with other federal, state and local leave and benefits laws, and recent updates to official paid family leave forms.

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Practitioner's Guide To Statistical Sampling: Part 3

    Brian Kriegler

    In the third of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research uses the example of a hypothetical Medicare reimbursement case to address various solutions for dealing with missing sample selections so that statistical inferences remain valid.

  • What To Know About NY's New Paid Family Leave Law: Part 1

    Tony Dulgerian

    A new year means new compliance concerns for employers in New York. In particular, the New York State Paid Family Leave Benefits law went into effect this month. Attorneys with Nixon Peabody LLP address employers’ frequently asked questions about the complex requirements of the new law.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency


    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Practitioner's Guide To Statistical Sampling: Part 2

    Brian Kriegler

    In the second of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research offers a method for constructing confidence intervals when the sample size is relatively small.

  • Top 10 Employer Resolutions For 2018

    Allegra Lawrence-Hardy

    Last year employers watched as a variety of regulations were rolled back to pre-Obama administration status. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC discuss what happened in 2017, the developments employers should be alert to this year, and the resolutions they should make to protect their company and employees.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.